IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 19, 2010
CHRISTOPHER ANDREW STEWART, PETITIONER,
M. MARTEL, ET AL., RESPONDENTS.
Petitioner, a state prisoner proceeding without counsel, has filed a notice of appeal of this court's dismissal of his application for a writ of habeas corpus, and thus moves for a certificate of appealability. 28 U.S.C. § 2253(c); Fed. R. App. P. 22(b).
A certificate of appealability may issue under 28 U.S.C. § 2253 "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). The court must either issue a certificate of appealability indicating which issues satisfy the required showing, or state the reasons why such a certificate should not issue. Fed. R. App. P. 22(b).
This court properly dismissed as time-barred the instant petition for writ of habeas corpus. Petitioner failed to establish either extraordinary circumstances or due diligence warranting equitable tolling for the subject eleven-year period. See Magistrate Judge's Findings and Recommendations, filed February 19, 2010 (Docket No. 18), and Order Adopting Findings and Recommendations, filed March 16, 2010 (Docket No. 20). Petitioner has therefore not made a substantial showing of the denial of a constitutional right.
Accordingly, a certificate of appealability shall not issue.
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